First Amendment Upheld

On January 25, a federal court ruled
that it was unconstitutional for Kentucky
to exclude Answers in Genesis from participating
in tourism benefits simply because
of its religious viewpoint. The judge
has ordered the state to move forward in
processing AiG’s application for tax rebate
incentives, which will become effective
after the Ark Encounter theme park
opens and is operating. The state’s new
governor, Matt Bevin, unlike his predecessor,
fully supports the Ark project and
will not appeal the decision.

In his decision, Judge Greg Van Tatenhove
of the US District Court for the
Eastern District of Kentucky also upheld
AiG’s right to religious preferences in its
hiring. The ruling in favor of AiG will now
prohibit the state from excluding the Ark
Encounter and other applicants simply
because they are religious in nature.

“I rejoice in the court’s decision today,”
said Ken Ham, AiG president. “The law
is crystal clear that the state cannot discriminate
against a Christian group simply
because of its viewpoint, but that is
precisely what happened here. The decision
today is a victory for the free exercise
of religion in this country.”

“This ruling is an important precedent,”
said Mike Johnson, chief counsel
of the public interest law firm, Freedom
Guard, who argued the case for AiG.
“The court has affirmed a longstanding
principle that the Constitution does not
permit a state to show hostility towards
religion.”

Ham noted the AiG case involved more
than just a tax rebate: “We are standing
up for all religious groups and churches
that want to maintain their free exercise
of religion guaranteed by the First
Amendment. Regarding hiring practices,
the judge noted that a religious organization
is excluded from the provisions
of the Civil Rights Act of 1964 because
of Title VII of that Act. The judge merely
upheld the law.”